DAR File No. 39794
This rule was published in the October 15, 2015, issue (Vol. 2015, No. 20) of the Utah State Bulletin.
Pardons (Board Of), Administration
Notice of 120-Day (Emergency) Rule
DAR File No.: 39794
Filed: 09/30/2015 03:32:38 PM
Purpose of the rule or reason for the change:
Subsection 64-13-21(7) creates an earned compliance program that reduces the potential time an individual can be supervised on parole. The program goes into effect on 10/01/2015. This emergency rule sets forth the conditions for terminating parole and complies with the requirements of the law.
Summary of the rule or change:
When a parolee meets the conditions for early termination of parole supervision, the Adult Probation and Parole Department will notify the board. (DAR NOTE: A corresponding proposed amendment is under DAR No. 39795 in this issue, October 15, 2015, of the Utah State Bulletin.)
Emergency rule reason and justification:
Regular rulemaking procedures would place the agency in violation of federal or state law.
Justification: Subsection 64-13-21(7) creates an earned compliance program that reduces the potential time an individual can be supervised on parole. The program goes into effect on 10/01/2015. This emergency rule sets forth the conditions for terminating parole and complies with the requirements of the law.
State statutory or constitutional authorization for this rule:
- Subsection 64-13-21(7)
- Section 77-27-2
Anticipated cost or savings to:
the state budget:
This rule sets forth the requirements for receiving an early termination from parole supervision under Subsection 64-13-21(7). Although the rule changes the timing of parole termination it does not change the number of termination decisions. There are no direct costs or savings from this rule.
Local government does not participate in the parole process or submitting requests for early termination of parole. Local governments will not be affected.
Small business does not participate in the parole process or submitting requests for early termination of parole. Small business will not be affected.
persons other than small businesses, businesses, or local governmental entities:
The individual on parole will benefit from a possible early termination however the rule does not change the nature of parole supervision or limit the parolee's opportunity to complete parole successfully.
Compliance costs for affected persons:
There are no compliance costs for the parolee.
Comments by the department head on the fiscal impact the rule may have on businesses:
This emergency rule complies with the statute to create an earned compliance program so individuals on parole can benefit from an early termination of parole supervision if they successfully complete requirements.
Angela Micklos, Chair
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:Pardons (Board Of)
448 E 6400 S
SALT LAKE CITY, UT 84107-8530
Direct questions regarding this rule to:
- Greg Johnson at the above address, by phone at 801-261-6454, by FAX at 801-261-6481, or by Internet E-mail at firstname.lastname@example.org
This rule is effective on:
Angela Micklos, Chair
R671. Pardons (Board of), Administration.
R671-405. Parole Termination.
R671-405-1. Termination of Parole.
The Board may consider terminating an offender's
parole when petitioned to do so by the Department of Corrections,
other interested parties or on its own initiative. When
considering termination, the Board will toll any parole time when
a parolee is an absconder. The toll time will be from the date a
Board warrant was issued to the date the warrant was
executed. When a termination is approved by the Board, written
notification of the Board's action will be provided to the
parolee through the Department of Corrections. Depending on the crime, statutory periods of parole
without violation are three, ten years, the unexpired length of
the sentence, or life. Upon receipt of written notification of the service of
the statutory maximum period on parole and verification of that
information, the Board of Pardons will then order the closing of
KEY: sentencing, parole
Date of Enactment or Last Substantive Amendment: October 1, 2015
Notice of Continuation: January 31, 2012
Authorizing, Implemented, or Interpreted Law: ); 76-3-202; 77-27-9; 77-27-12
More information about a Notice of 120-Day (Emergency) Rule is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2015/b20151015.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Greg Johnson at the above address, by phone at 801-261-6454, by FAX at 801-261-6481, or by Internet E-mail at email@example.com. For questions about the rulemaking process, please contact the Division of Administrative Rules.